PURPOSE of REPORT to Seek Approval for the Consumer and Environmental Services Service Plan for 2016-2017

ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 22 MARCH 2016 AUDIT AND SCRUTINY COMMITTEE: 29 MARCH 2016

CONSUMER AND ENVIRONMENTAL SERVICES SERVICE PLAN 2016-17

Report by Director of Development

PURPOSE OF REPORT To seek approval for the Consumer and Environmental Services Service Plan for 2016-2017.

1 COMPETENCE

1.1 There are no legal, financial or other constraints to the recommendation being implemented.

1.2 An Equality and Diversity Initial Impact Assessment has been carried out in relation to the Service Plan and shows that a full Impact Assessment is not required.

2 SUMMARY

2.1 The Comhairle is required to develop certain Service Plans to satisfy external agreements such as the Framework Agreement on Local Authority Food Law Enforcement, the National Performance Framework for Trading Standards Services and the framework agreement in place that relates to Animal Health and Welfare. The Framework Agreements require that these plans be submitted to the relevant member forum for approval to ensure local transparency and accountability.

2.2 A combined Consumer and Environmental Services Service Plan for 2016-2017, incorporating all Services has been prepared, which includes the Service not covered by external agreements. The Plan is detailed in Appendix 1 to the Report.

2.3 A review of the Consumer and Environmental Services Service Plan for 2015-2016 will be reported to the June Series of meetings.

3 RECOMMENDATION

3.1 It is recommended that the Comhairle approves the Consumer and Environmental Services Service Plan for 2016-2017.

Contact Officer Colm Fraser Tel. 01851 822694 Appendix 1 Service Plan 2016-2017 Background Papers Food Standards Agency “Framework Agreement on Local Authority Food Law Enforcement”.

4 BACKGROUND 4.1 The Food Standards Framework Agreement on Local Authority Food Law Enforcement requires the Comhairle to produce and review an annual Food Safety Service Plan for consideration and approval by elected Members. 4.2 Guidance issued by the Health and Safety Executive under Section 18 of the Health and Safety at Work etc Act 1974 requires Local Authorities to formally approve an occupational health and safety law enforcement plan annually. 4.3 The “National Performance Framework for Trading Standards Services” developed by the Department for Business, Enterprise and Regulatory Reform require that Local Authorities develop a Trading Standards Service Plan. The framework agreement and various external agencies such as Audit Scotland and Food Standards Scotland require that the plan is submitted to the relevant Member forum for approval. 4.4 The UK National Control Plan states that each Local Authority in Scotland is required to produce a Service Plan outlining activities for animal health and welfare control. As a requirement of the new Framework Document issued by the Scottish Government, the Service Plan requires to be formally approved by the Comhairle. 4.5 The Service is responsible for enforcing and advising on a large range of subjects not detailed in the above frameworks. These have been included in the Environmental Health and Licensing Section of the Plan. 4.6 The service plan details the arrangements and the Service priorities for 2016-2017. The main points that are significant and worthy of noting are detailed below. 5 FOOD SAFETY 5.1 Priorities and issues include: • The interventions programme for high, medium and low-risk business generated by a programmed risk-rating system is an ongoing priority, with particular focus on the high risk premises. • The continued implementation of the Food Hygiene Information Scheme which supports the concept of “informed consumer”. Food businesses are issued with “Pass” or “Improvement Required” certificates based on their last inspection. 6 HEALTH AND SAFETY 6.1 Priorities and issues include: • Carry out the intervention programme for high risk premises identified in line with national priorities set out by the HSE in the National Code. • Continue to investigate and act on reported accidents and incidents. 7 ANIMAL HEALTH AND WELFARE 7.1 Priorities and issues include: • Carrying out intervention targets as detailed in the Plan, including primary production inspections. 8 TRADING STANDARDS 8.1 Priorities and issues include: • Continue targeting rogue doorstep callers • Increasing interaction with local producers

9 ENVIRONMENTAL HEALTH AND LICENSING 9.1 Priorities and issues include: • Complete the annual air quality report and manage any implications arising from the Scottish Government Air Quality review; • Increasing the profile of the Service’s enforcement responsibilities in relation to dog control to reduce incidents of fouling and stray dogs and promoting the new microchipping rules. COMHAIRLE NAN EILEAN SIAR Development Department Consumer and Environmental Services Service Plan 2016-17 INTRODUCTION 1 SUMMARY 1.1 The Service Plan covers the work undertaken by the Comhairle’s Consumer and Environmental Services. It details the framework that will be adopted for the following year and describes the Service’s: • aims and objectives; • scope of responsibilities; • service delivery; • resources; and • quality management. 1.2 It incorporates the Food Law Enforcement Plan, the Health and Safety Enforcement Plan, the Trading Standards Service Plan and the Animal Health and Welfare Plan. The plan will be reviewed on an annual basis. The Comhairle’s mission statement detailed below is taken from the Corporate Strategy for 2012-17

CORPORATE STRATEGY 2012-17 2 MISSION STATEMENT 2.1 The Comhairle will work with its community and other Partners to help shape the Outer Hebrides as a confident community and an attractive place to live work and do business. 3 STRATEGIC PRIORITIES Population 3.1 To encourage the creation of jobs, retention of population and a positive change in our demographic balance to increase the proportion of working age population. Economy 3.2 To strive to create a thriving economy with support for key sectors, greater local independence and autonomy, working with the support of Scottish Government, UK Government and the European Union. Education and Training 3.3 To continue to provide excellent bilingual education that prepares young people for life. Health and Wellbeing 3.4 To promote healthier lifestyles and to support people to live in the community for as long as they can and to have a positive experience of health and social care when they need it. Communities 3.5 To strengthen social and economic development in the community of the Outer Hebrides. Natural and Cultural Resources 3.6 To maximise benefits from the Outer Hebrides’ natural, cultural, environmental and historical resources. Services 3.7 To provide good quality and efficient services to meet the needs of the community GENERAL SERVICE INFORMATION 4 SERVICE AIMS AND OBJECTIVES 4.1 It is the Service’s objective to serve the communities and individuals of the Outer Hebrides by protecting public health. 4.2 The Service aims to: • meet all statutory objectives; • carry out its duties as a statutory enforcement Authority (including Food, Trading Standards, Animal Health and Health and Safety); • provide advice to consumers, traders and the public; • improve levels of legislative compliance in the Outer Hebrides; and • increase businesses knowledge of regulatory requirements. 5 LINKS TO CORPORATE OBJECTIVES AND PLANS 5.1 This plan is the ‘lowest rung’ in the set of plans the Comhairle has created to ensure its corporate objectives and Single Outcome Agreement are fulfilled. As such it provides practical implementation information for the Services. The plan integrates into the objectives of the Consumer and Environmental Services Section of the Development Department Service Plan, which was approved by the Comhairle in February 2016. 6 PROFILE 6.1 Comhairle Nan Eilean Siar is the local authority for the Outer Hebrides, which are located off the northwest mainland of Scotland. The Outer Hebrides have a land area of 290,000 hectares and a coastal line of 2,700 kilometres (km). The Islands measure 210 km from the Butt of Lewis in the north to the uninhabited small islands of Berneray and Mingulay in the southern extremity. The islands are 60 km at their widest point and also include the archipelago of St Kilda. 6.2 the first release from the 2011 Census results shows an increase in the population with an estimated figure of 28,000 rounded to the nearest thousand. The population estimate for 2013 was 27,400. 6.3 The main economic sectors are public services, construction, fishing, fish farming and fish processing. Government employment surveys suggest that 80% of employment is in service sector related activities. 6.4 There are over 6,000 registered crofts in the islands with the majority of these in use. It is estimated that there are over 100,000 livestock on the island. 7 ORGANISATIONAL STRUCTURE 7.1 The following charts outline: Chart 1 - The Comhairle Committee Structure Chart 2 - Departmental Structure of the Comhairle (proposed for 205-16 onwards) Chart 3 - Structure of Consumer and Environmental Services Section 8 OVERVIEW OF SERVICE 8.1 The Comhairle is the statutory authority for the Outer Hebrides for numerous pieces of legislation including the Service having responsibility for all relevant legislation relating to the following functions: • Food Hygiene Inspections • Food Standards Inspections • Health And Safety Inspections • Landlord registration • Public Nuisances • Smoking controls • Private Water Supplies • Health improvement • Trading Standards • Contaminated land • Licensing/Registration • Animal Health • Public Health • Air Quality • Feedingstuffs • Consumer Advice

CHART 1: COMMITTEE STRUCTURE OF COMHAIRLE NAN EILEAN SIAR

Comhairle

Audit & Scrutiny Committee

Policy & Resources Committee

Sustainable Environment and Educational & Transportation and Development Protective Services Children's Services Infrastructure Committee Committee Committee Committee

CHART 2: DEPARTMENTAL STRUCTURE (PROPOSED 1ST APRIL 2016)

Chief Executive

Finance & Edcucation & Chief Executive's Development Technical Services Integrated Joint Corporate Services Children's Services Department Department Department Board Department Department

Economic Development Development Services (including Libraries & Heritage)

Consumer & Development Building Standards Environmental Housing Services Strategic Planning Management Services

CHART 3 STRUCTURE - CONSUMER & ENVIRONMENTAL SERVICES (PROPOSED 1ST APRIL 2016)

Chief Executive

Director of Development

Strategy Manager

Head of Development Services Head of Economic Development

Consumer & Environmental Services Manager Citzens Advice Contract

Environmental Health Officer Trading Standards Officer

Trading Standards Officer Environmental Health Officer (Weights & Measures) Environmental Health Officer Community Environment Officer (Uist & Barra) Food Officer/Trainee Environmental Health Community Environment Officer (P/T) Officer

Animal Health Officer Service Support Assistant

Modern Apprentice Head of Devolved Services Uist(5%)

8.2 The Service operates from Comhairle offices in Stornoway (serving Lewis and Harris) and Balivanich (serving Uist and Barra), which are normally open between 9am and 5pm, each weekday. 8.3 The workload of the Service is split between routine/pro-active and reactive work. Routine workloads include inspections, sampling and testing. Reactive works include dealing with complaints, food poisonings, new licences/registrations and accident investigation. The reactive work can have an effect on the performance of the routine work. 8.4 The Service is responsible for ensuring that businesses in the Outer Hebrides operate in a fair trading environment and that products sold and exported from the islands are safe and comply with legal standards. The Service is also involved in ensuring public safety. 8.5 The majority of the work carried out by this Service is statutory. Non statutory work, like providing advice is normally interlinked with the statutory duties, in that decreasing advisory work may increase statutory activity (e.g. if businesses advice is not provided then it increases the risk of business/product non-compliance when inspected or sampled). 9 STAFFING 9.1 The Service currently has 11 posts plus 5% of an officer from another Department (Head of Devolved Services) and a modern apprentice. Following a workforce planning exercise the Service has reduced a full time Community Environment Officer (CEO) post to a fixed term part time CEO post. Year 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 Staff(FTE) 16.2 15.40 13.85 11.35 11.05 11.05 11.05 10.55 9.2 As there is a relatively small number of staff in relation to the number of duties carried out, officers have to be multi-functional and have knowledge in a number of different fields. Some of these functions can only be carried out by officers with specific qualifications. 9.3 Staffing is spread throughout the islands with officers in Stornoway and Balivanich. Having a disparate work force has both positive and negative effects on service delivery. Positive aspects include being closer to service users, with negative aspects including parity of services and officer cover. 10 ENFORCEMENT POLICY 10.1 The Comhairle has adopted a general enforcement policy, and also have a specific food safety enforcement policy. 11 HOME AUTHORITY PRINCIPLE 11.1 The Comhairle supports the Home Authority Principle and will assist any other local authority in the UK regarding enquires about locally manufactured products. 12 ADVICE TO BUSINESS 12.1 The Comhairle shall work with businesses to help them comply with the law and provide a comprehensive advice Service alongside its enforcement role. As well as offering on the spot advice during routine visits and inspections and responding to queries, the Comhairle also will assist external trainers to organise training courses for businesses. 13 STAFF DEVELOPMENT PLAN 13.1 The Comhairle supports ongoing staff training, and the Service ensures that staff are trained in accordance with the training plan, ensuring that staff remain professionally competent and meet the requirements of any continual professional development schemes. Staff development is incorporated within the Comhairle’s staff appraisal scheme, with staff being appraised biannually. FOOD SAFETY SERVICE PLAN

GENERAL 14 SCOPE OF FOOD SERVICE 14.1 The Comhairle is the statutory food authority for the Outer Hebrides with the Development Department having responsibility for all relevant food legislation. Primarily the food function is carried out by Environmental Health Officers (EHO’s) and the Food Safety officer. Primary production visits (including the food aspects) are carried out by the Animal Health Officer. The service is supported by all other section staff. The EHOs are involved in the full range of environmental health duties, e.g. health and safety, public health, and complaints. 15 DEMANDS ON THE FOOD SERVICE 15.1 There are around 4500 “premises” in the Outer Hebrides, which are covered by food safety legislation. An approximate breakdown of this figure is detailed below:(March 2016): Type Lewis & Harris Uist & Barra Total Primary Producers 36 8 44 Manufacturers and Packers 83 25 108 Distributors/Transporters 5 1 6 Supermarket/Hypermarket 4 4 8 Small Retailer 56 16 72 Retailer - other 11 1 12 Restaurant/Cafe/Canteen 56 19 75 Hotel/Guest House 98 45 143 Pub/Club 13 6 19 Take-away 9 3 12 Caring premises 41 12 53 School/College 17 11 28 Mobile food unit 8 3 11 Restaurants and caterers - other 21 6 27 Premises -Total 458 160 618 Primary Production (>3000 producers etc) ~3600 Fishing Vessels ~200 15.2 The Service recognises its responsibilities for general surveillance work on imported foods at retail and catering level. Arrangements are being made for these to be carried out at ports and airports. This is in line with the Food Standards Scotlands Step Change Initiative which aims to improve the co-ordination and delivery of local authority inspection of foods and products of animal origin at seaports and airports. 15.3 The Service has responsibility for the hygiene inspection of shipping and aircraft, including international cruise vessels, merchant shipping, and ferry services that visit or operate in the Outer Hebrides. 15.4 There are 32 sites classified annually for shellfish harvesting in the Outer Hebrides. Food Standards Scotland contract out the sampling of these sites with the Service managing the outcome of these results, including the issue of Temporary Closure Notices. 15.5 The Service has undertaken to carry out approximately 15 inspections at agricultural premises. These inspections are mainly being carried out by the Animal Health Officer. There are over 3,000 agricultural holdings in the Outer Hebrides. 15.6 Food Standards Scotland (established 1st April 2015) is now responsible for food safety, food standards, nutrition, food labelling, and meat inspection policy and operational delivery. 15.7 It is possible that some work currently undertaken by the Comhairle will transfer to the new food body, however there is limited detail available at this time. Areas likely to be affected are primary production, food contact materials and approved premises.

SERVICE DELIVERY 16 FOOD HYGIENE INTERVENTIONS 16.1 Food hygiene interventions are carried out in accordance with the Code of Practice. The following information shows the type and risk rating of premises at March 2016 Premises Type Risk Category Frequency of Intervention 6 12 18 24 36 Unrated Totals (months) & Category A B C D E Manufacturers and Packers 6 9 32 12 40 9 108 Distributors/Transporters 2 4 6 Supermarket/Hypermarket 1 2 3 2 8 Small Retailer 2 20 9 39 2 72 Retailer - other 10 2 12 Restaurant/Cafe/Canteen 6 50 17 2 75 Hotel/Guest House 1 4 28 12 93 5 143 Pub/Club 7 3 9 19 Take-away 2 8 1 1 12 Caring premises 4 11 3 32 3 53 School/College 23 1 4 28 Mobile food unit 8 3 11 Restaurants & caterers- other 1 7 4 13 2 27 Totals 8 28 196 50 267 25 574 Inspection Target 100% 100% 80% 60% AES* 17 FOOD STANDARDS INTERVENTIONS 17.1 Food hygiene Interventions are be carried out in accordance with the Code of Practice. Premises Type Risk Category A B C Unrated Totals Frequency of Intervention (Years) 1 Year 2 Years 5 Years Manufacturers and Packers 12 50 32 13 107 Distributors/Transporters 5 1 6 Supermarket/Hypermarket 3 4 7 Small Retailer 19 49 2 70 Retailer - other 10 2 12 Restaurant/Cafe/Canteen 24 46 3 73 Hotel/Guest House 26 104 9 139 Pub/Club 1 18 19 Take-away 9 3 12 Caring premises 1 43 4 48 School/College 1 25 26 Mobile food unit 11 11 Restaurants and caterers - other 4 17 3 24 Totals 12 138 367 37 554 Inspection Target 100% 80% AES*

18 FOOD COMPLAINTS 18.1 Food complaints are investigated in line with relevant LACORS guidance, the Approved Code of Practice and the Departmental food procedures. 19 FOOD INSPECTION AND SAMPLING 19.1 Food inspection and sampling shall be carried out in accordance with the Comhairles sampling policies, which are based on the relevant code of practice, where available. 19.2 Very few samples are submitted as a result of food complaints and again resources are provided from within the Service. 19.3 The Comhairle currently has a Service Level Agreement appointing Glasgow City Council’s Public Analyst Service (Glasgow Scientific Services) as the Food Examiner for bacteriological and chemical analysis. 19.4 Sampling may also be done as part of national sampling programmes. 20 CONTROL AND INVESTIGATION OF OUTBREAKS AND FOOD RELATED INFECTIOUS DISEASE 20.1 The Comhairle operates a documented procedure for the investigation of outbreaks and notifications of food related infectious diseases, where it is part of a multi-agency team, including NHS Western Isles. 21 FOOD SAFETY INCIDENTS 21.1 The Comhairle manages food alerts from the Food Standards Scotland in line with the Code of Practice. 22 LIAISON WITH OTHER ORGANISATIONS 22.1 The food service ensures that enforcement action taken is consistent with those of neighbouring local authorities by means including: • Representation at the North of Scotland Food Liaison Group; • Representation at the Fish and Shellfish Working Group – Scotland & Northern Ireland; • Liaison with the Director of Public Health of the Outer Hebrides; • Consultation/liaison with the Comhairle’s Planning & Building Standards Services; and • Reference to REHIS and HPS good practice information and guidance notes.

22.2 No specific allocation of resources is made for these liaisons as they are covered by existing arrangements. 23 FOOD SAFETY AND STANDARDS PROMOTION 23.1 The Comhairle shall aim to promote food hygiene, throughout the islands. This shall include publicity through press releases and articles for the local papers/newsletters and local radio. Information is also shared through the Services Facebook page. 24 FOOD HYGIENE INFORMATION SCHEME 24.1 The Comhairle has signed up to the national Food Hygiene Information Scheme which has been rolled out throughout the Hebrides. The Scheme follows a set of nationally adopted rules and provides information to the public on the hygiene status of food premises based on their last inspection. 25 EAT SAFE AWARD 25.1 The Comhairle participates in the Eat Safe award Scheme which are awarded to food businesses that meet the food safety legal requirements but are also operating at a recognised level above the minimal legal requirements in terms of staff training and qualification. Businesses cannot formally apply to the scheme however if Authorised officers assess that a business meets the requirement of the scheme then they can forward the businesses details to the Food Standards Scotland who will issue an award.

RESOURCES 26 FINANCIAL ALLOCATION 26.1 The expenditure, involved in providing the Food service is linked to the environmental health budget provision. 26.2 The Comhairle has a contingency fund that the Food service could utilise for any legal action necessary as part of its enforcement function, subject to Comhairle approval. 27 STAFFING ALLOCATION 27.1 There are 6 Posts have/require full food safety qualifications, including the Service Manager and the Head of Devolved Services. We are currently recruiting for a vacant EHO post (March 2016) 27.2 All staff are authorised in accordance with the Food Law Code of Practice (Scotland), and with the Comhairle’s “Food Authorisation Procedure“. As it is a small service with qualified food staff carrying out other duties, time spent on food safety can be affected by the additional regulatory duties, training issues and reactive work. 27.3 Due to the higher risks involved in the Food Service, staff time has been diverted to the Food Service, which has resulted in a reduction in service in other areas (although this has been alleviated by more efficient working practices). This has increased the full time equivalent (FTE) to two. 27.4 The changes in full time equivalent staffing for food over the years are shown below: Year 2008-09 2009-10 2010-11 2011-12 2012-13 2014-15 2015-16 Staff - FTE 1.6 1.6 1.8 2 2 2 2 28 PRIORITIES 28.1 The Services priorities are to: • Ensure that the Inspection Programmes are met. • Provide a food service that is adequately maintained and to ensure that officers are appropriately trained. • Continue to deliver enhanced protection of the Public from pathogenic E.coli including E.coli O157:H7 applying the FSS’s Guidance “E.coli O157 Control of Cross Contamination Guidance for Food Business Operators and Enforcement Authorities’. • Continue to implement the Food Hygiene Information Scheme across the Hebrides. • Continue to participate in the Eat Safe Award Scheme, (which .provides an incentive to food businesses to strive for food hygiene and food safety management standards beyond those required by law) • Manage the increase requests for Export Health Certificates, which support the expansion of local businesses into non EU markets. • Assess and manage any requirements arising from the formation of the New Scottish food body “Food Standards Scotland”. • 29 2016/17 TARGETS 29.1 The Food Service targets for 2016/17 are: Subject Target Food Hygiene A & B Premises 100% ‘intervention on time’ target C Premises 80% ‘intervention on time’ target D Premises 60% ‘intervention on time’ target E Premises Alternative Enforcement Strategy To Catch up on all missed inspections from previous years To Inspect unrated premises Food Standards A Premises 100% ‘intervention on time’ target B Premises 80% ‘intervention on time’ target C Premises Alternative Enforcement Strategy To Catch up on all missed inspections from previous years To Inspect unrated premises Sampling 30 bacteriological & 30 chemical samples Cross Ensure all business comply with the FSA cross contamination Contamination guidance Primary Production Carry out inspections in accordance with FSS agreement FHIS Continued Implementation of the Food Hygiene Information Scheme HEALTH AND SAFETY SERVICE PLAN

GENERAL 30 SCOPE OF THE SERVICE 30.1 The Comhairle is the statutory health and safety at work enforcement authority for the Outer Hebrides with the Development Department having responsibility for all relevant health and safety legislation. . 31 DEMANDS OF THE SERVICE 31.1 There are over 700 premises in the Outer Hebrides, which are covered by health and safety legislation. The majority of these are low risk and an approximate breakdown of this figure is detailed below: Premises Type Lewis & Harris Uist & Barra Total Retail 173 50 223 Wholesale, Warehouse, Fuel Storage 20 8 28 Offices 59 24 83 Catering Premises 39 17 56 Hotels, Campsites and Other Short Stay 39 26 65 Residential Care Homes 3 3 Leisure and Cultural Services 18 6 24 Consumer Services 136 26 162 Other Premises 53 6 59 Totals 540 163 703 SERVICE DELIVERY 32 HEALTH AND SAFETY PREMISES INTERVENTIONS 32.1 Local Authority Circulars (LACs) are guidance documents issued under Section 18 of Health and Safety at Work etc. Act 1974. LAC 67/2 (rev 4) replaces LAC 67/2 (rev 3) and provides local authorities with guidance and tools for priority planning and targeting interventions to enable them to meet the requirements of the National Local Authority Enforcement Code (National Code), developed in response to the Lofsted Report for the HSE to be given a stronger role in directing Local Authority inspection and enforcement activity for H&S.

32.2 In terms of assistance and advice, as well as officers giving assistance, business operators are also referred to the Healthy Working Lives organisation which gives free advice, workplace visits and practical support to small businesses. 33 ACCIDENT INVESTIGATION 33.1 The procedure for reporting accidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, requires the appropriate person to notify via the National Incident Contact Centre. Reports are posted on the Contact Centre’s website. The lead officer shall check the site weekly and pass any reports to the officer responsible for the premises. Fatalities and major injuries are notified by the Incident Centre via telephone or email. 33.2 All fatalities and major incidents shall be investigated. Others shall be selected by the procedure given in LAC 22/13. 34 PRIORITIES 34.1 Priorities and issues include: • Reviewing premises risk rating in line with LAC 67/2 (rev 4). • Ensure proactive inspections follow the principals within the National Code. • Construct a work plan to deliver the national priorities set out by the HSE in the National Code (our draft Intervention Plan Summary is detailed in Table 1 below. It is currently based on the 2015/16 priorities as the HSE has not published the 2016/17 priorities.

Intervention Plan Summary for 2015/2016 for Comhairle Nan Eilean Siar (based on Local Authority Circular 67/2 (rev 4)

Intervention Priorities Reason for Sectors and Activities to Intervention Method Due Date Intervention by Intervention be targeted

Legionella infection Local knowledge Self-catering, spa pools Information Sheet Summer Season Consumer & Environmental (NP1 - 2015/16) 2015 Services

Storage of Petroleum High Risk Premises All petrol stations proactive inspections 2016/17 Consumer & Environmental (Local Priority) Services

35 HEALTH AND SAFETY COMPLAINTS AND REQUESTS FOR SERVICE 35.1 Health and safety complaints are investigated in line with relevant LAC guidance, and the Departmental complaints procedures. Requests for service are also dealt with in line with the Departmental procedures. 36 LIAISON WITH OTHER ORGANISATIONS 36.1 The health and safety service ensures that enforcement action taken is consistent with those of neighbouring local authorities by means that inculde: • Representation at the North of Scotland Health and Safety Liaison Group; • Consultation/liaison with the Comhairle’s Planning & Building Standards Services; and • Reference to HSE Approved Code of Practice information and guidance notes. 36.2 No specific allocation of resources is made for these liaisons as they are covered by existing arrangements. 37 HEALTH AND SAFETY PROMOTION 37.1 The Comhairle shall aim to promote health and safety at work through press releases and articles for the local papers/newsletters and local radio. Information is also shared through the Services Facebook page.

RESOURCES 38 FINANCIAL ALLOCATION 38.1 The expenditure, involved in providing the health and safety service is part of the overall environmental health budget provision. 38.2 The Comhairle has a contingency fund that the health and safety service could utilise for any legal action necessary as part of its enforcement function, subject to Comhairle approval. 39 STAFFING ALLOCATION 39.1 All staff are authorised in accordance with the relevant LAC’s, and with the Comhairle’s Authorisation Procedures. There are 5 officers fully authorised under the Act. The number of staff currently working in health and safety law enforcement and related matters (including clerical and management) is still less than 1.0, in terms of full time equivalent (FTE) staff. All officers (not including clerical staff) are authorised by the Chief Executive, under the Health and Safety at Work etc Act 1974. 40 STAFF DEVELOPMENT PLAN 40.1 The Comhairle supports ongoing staff training, and health and safety enforcement staff are trained in accordance with the training policy, ensuring that staff remain professionally competent and meet the requirements of any continual professional development schemes. Staff development is incorporated within the Comhairle’s staff appraisal scheme, with staff being appraised biannually. 41 QUALITY ASSESSMENT 41.1 The quality of the health and safety enforcement service is audited using the internal monitoring procedures and peer review. 41.2 Information on the previous year’s performance can be obtained from the Department following the submission of the annual return to the HSE at the end of June each year.

TARGETS FOR 2016/17 42 HEALTH AND SAFETY PREMISES INTERVENTIONS 42.1 The Service aims to have: • High Risk Premises 100% ‘intervention on time’ target. • Investigate all RIDDOR accidents and incidents. • Carry out sector wide initiatives in accordance with Intervention Plan Summary.

ANIMAL HEALTH SERVICE PLAN GENERAL 43 SCOPE OF ANIMAL HEALTH SERVICE 43.1 The Comhairle is the statutory authority for the Outer Hebrides, with the Development Department having responsibility for enforcement of all relevant Scottish, National, and European Animal Health and Welfare legislation. 44 CURRENT SITUATION 44.1 Local authorities have a statutory duty to enforce the current UK and EC animal health and welfare legislation. They also play a significant role in responding to notifiable disease outbreaks such as foot and mouth disease and avian influenza. 44.2 The Service is also currently responsible for licensing and inspecting pet shops, the keepers of dangerous wild animals, zoos, dog breeding establishments, boarding kennels and catteries and riding establishments. They are also responsible for the enforcement of identification regulations for cattle, sheep, pigs and horse and for recent animal by-product legislation. SERVICE DELIVERY 45 HOLDINGS 45.1 There are approximately 6000 registered holdings in the Western Isles. This includes both small crofts (less than 0.5ha) and larger units (up to 50ha). These crofts also normally have a significant common grazing share at their disposal. Inspections are undertaken as required under legislation or as results of complaints. External agencies i.e. Animal and Plant Health Agency (APHA), the Scottish Government and Rural Payments Inspectorate Division (SGRPID), or the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) could also be involved in joint inspections. Primary producers of food will require to be inspected in accordance with European food legislation. This involves inspecting feed, movement, medicine and by-product records and also production regimes on the holding. 46 AUCTION MARTS 46.1 There are auction marts in Stornoway, Lochmaddy, and Lochboisdale. These hold sales on a regular basis from August to December. The Animal Health Inspector aims to be present at these sales to ensure compliance with relevant legislative requirements i.e. sheep or cattle identification or traceability requirements 47 ABATTOIRS 47.1 There are year round abattoirs facilities in both Lochmaddy and Barra and a seasonal facility in Stornoway. Enforcement within these premises is undertaken by the Meat Hygiene Service (MHS) which who may refer issues to the Animal Health Officer for investigation. 48 LICENSING 48.1 The Service has the responsibility for licensing and inspecting various animal activities. The table below details the various licences and the number, if any, in the Outer Hebrides (March 2016). Licence Type Licences Animal Boarding Establishments (cats and dogs) 4 Horse Riding Establishments 1 Pet shops 1 Dog Breeding Establishments 1 Dangerous Wild Animals 0 Zoo Licence 0 Performing Animals Licence 0 48.2 All licensed businesses are inspected on a regular basis.

49 COMPLAINT INVESTIGATIONS 49.1 The majority of complaints (of which a large proportion are anonymous) are received from members of the public – including other stockholders. Complaints are also passed on from other agencies e.g. SGRPID (usually animal identification and transport complaints where the local authority is the enforcement body) and SSPCA. Reported complaints include welfare concerns relating to stock, problems with animal identification and traceability, animal transport issues, animal by-product issues, and breeches of licensing conditions. Complaints are immediately investigated and in some situations involve joint approaches with either APHA, SGRPID or SSPCA. Ultimately a report can be submitted directly to the Procurator Fiscal (after reference to the Enforcement policy). 50 STRANDINGS 50.1 The Service also undertakes the Comhairle responsibility relating to the removal and disposal of cetaceans that are regularly washed up on the shores. This involves liaison with Scottish Environmental Protection Agency (SEPA), Scottish Government ( Marine Scotland), Scottish Agricultural College (SAC) and local contractors. There is no budget for this and it is funded through the Comhairle contingencies budget. 51 AGGRESSIVE DOGS 51.1 The service is also responsible for the enforcement of the Control of Dogs (Scotland) Act 2010 in relation to aggressive and nuisance dogs. This is done in liaison with Police Scotland. Under this legislation the Comhairle has to appoint a specific Authorised Officer (currently the Animal Health Officer). This Act allows the Comhairle to serve formal Dog Control Notices which can specify actions i.e. muzzling, micro chipping etc. which dog owners must legally comply with. 52 ADVICE TO BUSINESS 52.1 The Comhairle shall work with businesses and stockholders to help them comply with the law. 52.2 As well as offering on the spot advice during routine visits and inspections and responding to queries, the Comhairle will arrange the dissemination of relevant information using mail shots and social media (information is shared through the Services Facebook page). 53 HOME AUTHORITY PRINCIPLE 53.1 The Comhairle shall have regard to any information or advice it has received from any liaison with home and/or originating authorities. The Comhairle having initiated liaison with any home and/or originating authority, shall notify that authority of the outcome. 53.2 The Comhairle does not have any formal home authority agreements but will respond to enforcement queries when acting as the originating authority.

RESOURCES 54 FINANCIAL/STAFFING ALLOCATION 54.1 There is one full time Animal Health Officer, supported when necessary by other staff of the Service. The Comhairle has a contingency fund that the service could utilise for any legal action necessary as part of its enforcement function, subject to Comhairle approval. 54.2 There is no separate budgetary provision for Animal Health and Welfare, apart from that for the dedicated officer. Budgets are contained within the provision for whole Service. 55 STAFF DEVELOPMENT PLAN 55.1 The Comhairle supports ongoing staff training, and the service ensures that staff are trained in accordance with the training policy, ensuring that staff remain professionally competent and meet the requirements of any continual professional development schemes. Staff development is incorporated within the Comhairle’s staff appraisal scheme, with staff being appraised biannually. 56 FRAMEWORK AGREEMENT 56.1 Regulation (EC) 882/2004 on Official Feed and Food Controls requires each Member State to prepare a National Control Plan describing the national official animal health and welfare control arrangements.

56.2 The UK National Control Plan states that each local authority in Scotland is required to produce a Service Plan outlining activities for animal health and welfare control. In this context animal health and welfare comprises of:- • Ensuring livestock is correctly identified and moved with required documentation and passports, • Record checks at farms, slaughter houses, markets and during transportation. • Maintain welfare standards of livestock. • Monitor biosecurity rules to reduce the risk of potential disease spread. • Ensure the correct disposal of carcasses and animal by-products. 56.3 In order to assist in compliance with the production of a Service Plan the Animal Health and Welfare Framework was created in partnership between the Scottish Government, Convention of Scottish Local Authorities, the Society of Chief Officers of Trading Standards in Scotland, the Society of Chief Officers of Environmental Health in Scotland, Local Government Regulation and Animal Health and Veterinary Laboratories Agency. 56.4 The Framework was introduced on 4 May 2011 and provides a risk based approach to animal health and welfare duties carried out by local authorities. 56.5 The Comhairle’s Animal Health and Welfare Service Plan has been produced using the designated pro-forma format, contained in the Framework, and referred to as the local authority activity matrix which is set out in 3 columns as follows:- 57 ACTIVITY HEADING 57.1 Reflecting the total range of activities likely to be carried out by local authorities in animal health and welfare work. 58 ACTIVITY CONTENT AND RELEVANT OUTCOME(S) 58.1 Describing what each activity heading should include plus the intended outcome(s) to which the particular activity is linked to. 58.2 There are six intended outcomes listed in the Framework document as follows: 1. Effectively reduce the risk of animal disease incursion and spread, thereby protecting public and animal health; 2. Improve animal welfare; 3. Promote a joined-up approach between all agencies involved in animal health and welfare; 4. Improve provision of management information to local and national government on the delivery of animal health and welfare services, and to allow the UK to fulfil its obligations to the European Union; 5. Meet the objective of Delivering and enforcing standards, of the Animal Health and Welfare Strategy; and the Scottish Government’s objective ‘well treated and healthy farm (and domestic) animals’; and 6. Protect local communities, including the effects on the local economy.

59 LOCAL AUTHORITY PLANNED LEVEL OF SERVICE DELIVERY 59.1 The completion of this column falls under 3 headings as follows: a) Standard to be met which describes 3 levels of practice delivery for each activity (e.g. minimum standard-priority activity; good practice and better practice). The standard of the lower level must be achieved before progressing to a higher level. b) How the standard will be achieved. c) Numbers and target percentage where applicable. 59.2 The information supplied in this column may need to be reviewed and updated during the year as circumstances change. 59.3 The plan has been provisionally agreed with the Animal Health and Veterinary Laboratories Agency (AHAVLA), and will be implemented subject to Committee Approval.

Local Authority: Comhairle nan Eilean Siar, Animal Health & Welfare (AHW) Service Plan for year: 01/04/2016 to 31/03/2017 Activity Heading Content and relevant outcome(s) Local Authority Planned Level of Service Delivery 1. Planning the Delivery of the Local Authority Animal Health Function 1.1 Profile of Local Analysis of critical control points by type, number, days of a) Minimum standard (only option) Authority area and operation, including: b) Complete AHW Profile for the Comhairle nan Eilean Siar. (CnES). associated animal • premises used for sales (e.g. auction markets etc.) This years analysis of premises will be assessed by taking into account health and welfare • abattoirs/slaughter houses previous history of compliance and other intelligence workload Analysis of agricultural premises according to risk Premises will have RA reassessed after any visit. Summary of staff engaged in Animal Health and Welfare work c) N/A Outcomes 3 and 5 1.2 Annual Service Service Plan produced detailing levels of Service Delivery for a) Good practice Plan for delivery of all activities detailed in this activity framework, reflecting b) Service Plan to be completed by 31/03/2017, with APHA VO agreement, and services in Animal national and local priorities. Annex C should be used as a assuming no major changes, reported to the Environmental and Protective Health and Welfare template. Services Committee in April 2017. Outcomes 3, 4,and 5 Service Plan to be reviewed within 6 months of completion. Any significant changes to be discussed with APHA. c) N/A 1.3 Risk Assessment Premises risk assessed in accordance with the national risk a) Minimum Standard scheme detailed in Section 4 b) Local Authority National Risk Scores Scheme will be adopted and all premises Risk based inspection programme subject to a routine intervention will be risk assessed. Critical Control Areas will Outcomes 1, 2, 5 and 6 be deemed as priority targets for inspection and risk assessment. All other visits will be of a reactive nature or when workload dictates. c) n/a 2. Training and Development 2.1 Training for new Officers are authorised to enforce all relevant legislation. a) Good practice officers All enforcement staff to hold recognised qualification or have b) AHW officer (1) - hold an agricultural related qualification equivalent professional experience i.e. ‘Grandfather rights’ or – training is provided through attendance at national and regional seminars and On-going undertake to achieve such qualifications as soon as possible. courses. Continuing Professional Development is provided through internal professional It is recognised that in emergency situations i.e. outbreaks of training sessions and section meetings. Review carried out annually which development disease, there may be a need to call upon non-animal health includes training needs analysis. qualified officers to assist in carrying out animal health and All inspectors have access to internet’ welfare duties. Other Authorised Officers (9) including Environmental Health Officers can be Time and resources allocated to keep up to date on utilised in emergency circumstances e.g. corroboration, intelligence gathering appropriate Animal Health and Welfare legislation, codes of and investigations during disease outbreaks. practice, guidance etc – e.g. by accessing Local Government c) AHW officers -15 Hours training per year Regulation website Outcome 5 3. Education and advice to maximise compliance 3.1 Education and Guidance provided to businesses on all aspects of Animal a) Better practice advice Health and Welfare for which Local Authorities are b) Update Animal Health & Welfare Section of CnES website. responsible, including any movement licensing requirements. Provide guidance leaflets at all service delivery offices Delivery targets should be set in accordance with individual Provide an email address and telephone for out-of-hours contact. Local Authority ‘charter’ response times. Maintain attendance at markets and agricultural shows Outcomes 1, 2, 5 and 6 c) N/A Activity Heading Content and relevant outcome(s) Local Authority Planned Level of Service Delivery 3.2 Proactive activity Proactive involvement or lead in education and training events a) Minimum Standard with stakeholder organisations etc. b) National level- Participate in Animal Health & Welfare Panels & Animal Health & Welfare Strategy Group through which liaison with Scottish Government, Joined up approach to education and advice through liaison Animal Health & other bodies as well as SCU & other industry representatives. with the Scottish Government, Local Government Regulation Local – participate in and APHA • 3 Animal Health & Welfare industry liaison groups Outcomes 1, 2, 5 and 6 • Welfare enforcement meetings (informal, usually monthly) with APHA, & SSPCA • General enforcement meetings (informal, occasional) with APHA, SGRPID • Market liaison (annual) with market operators and APHA Also give talks to industry & others with an interest on request c) N/A 4. Enforcement activities to maximise Animal Health and Welfare compliance .1 Attendance at Highly visible preventative enforcement presence. a) Good practice Critical Control Attendance at markets and other sales, and Assembly b) Majority of marts and collections attended. Sales at weekend only attended if Areas- Livestock Centres to ensure compliance, in particular with: presence considered essential. markets, Sales, and • Biosecurity (vehicles, premises and people) Attend annual market liaison meeting wit h market operators and APHA. Assembly Centres • Livestock identification c) Minimum of 75% sales/collections at marts attended. • Welfare • Transport • Licensing and record keeping • Specific pre movement licensing • All other relevant legislation Exact attendance levels and times according to status of gathering Outcomes 1, 2, 5 and 6 4.2 Attendance at Attendance at slaughter houses (high and low through put, red a) Minimum standard Critical Control Areas meat and poultry (white meat) in liaison with FSS Operations b) Established good rapport with Official Veterinarians (OV's) at 3 abattoirs - slaughter houses to ensure legislative compliance, in particular with: currently operating in area who inform AHW Section of any - activities with regard to • Biosecurity (vehicles, premises and people) infringements/problems encountered. Appropriate action then taken. OV’s the transport unloading • Livestock identification promptly advised of any findings. and identification of • Welfare Not believed to be need for routine visits to abattoirs but will attend if livestock should appropriate intelligence received. normally occur outside • Transport of the slaughterhouse • Licensing and record keeping Willing to meet with OV’s & APHA for liaison/training. production area. • Specific pre movement licensing c) n/a • All other relevant legislation Outcomes 1, 2, 5 and 6 4.3 Attendance at Identification of Dealers and Agents a) Good Practice Critical Control Areas b) In conjunction with APHA compile & maintain list of known dealers & agents. - Dealers/Agents Visits/inspections to verify legislative compliance Review annually. Visits made where considered necessary & if no other agency such as Scottish Government, APHA intending to visit. Outcomes 1, 2, 5 and 6 Carbonised paper used to report findings during inspection – copy left with dealer/agent at end of visit. APHA to be advised of any significant non-compliance. c) n/a Activity Heading Content and relevant outcome(s) Local Authority Planned Level of Service Delivery 4.4 Attendance at Attendance at Ports to ensure legislative compliance, in a) Minimum standard Critical Control Areas particular with: b) CnES has vast coastline & numerous harbours. Agreed with DVM that only 1 - Ports (excluding • Biosecurity (vehicles, premises and people) port (Stornoway) could have regular international visitors which pose a risk BIP's) • Livestock identification through landing of significant amounts of catering waste or of potential for • Welfare illegally landing of pets. • Transport Medium Risk- 5 fishing ports with potential for international vessels to land • Import/export documentation catering waste. • All other relevant legislation Low Risk – many small ports with potential visits from international recreational Outcomes 1, 2, 5 and 6 boats Initial programme of visits to be made to CCA ports to ensure • disease information signs displayed • CnES contact details available • Confirm facilities available for international catering waste For others establish liaison with Port/Harbour Management & Port Health Services c) Visit CCA port by end of March 2017 (if not visited by APHA) 4.5 Attendance at Visits/inspections to verify legislative compliance a) Good practice Critical Control Areas Outcomes 1, 2, 5 and 6 b) Currently no such high risk. No routine visits carried out other than primary - High risk Farms production visits (15/year). Other visits carried out according to intelligence (Other than dealers received and take account of visits by other agencies. Checks of BCMS, or agents) ScotEID carried out & SAMU if appropriate (currently no direct access for LA’s). All premises visited are reassessed for risk & database updated. Written report given at time of inspection. Re visit when any actionable infringements have occurred Major non compliances found during inspections reported to relevant agencies. c) n/a 4.6 Visits and Visits to verify legislative compliance. a) Minimum standard inspections to other Commercial hauliers b) Farm transport checked as part of primary production visits (15/year). premises Farms (including own livestock vehicle) Hauliers/farmers transport regularly checked during attendance at livestock Agricultural Shows and farm dispersal sales marts. Animal by products premises including Visits carried out according to intelligence received. Knackers/Hunt kennels/renderers Inspection programme takes into account other agency inspections e.g. Any other premises of livestock origin and destination SGRPID/APHA to avoid duplication or arrange joint visits where necessary. Outcomes 1, 2, 5 and 6 Checks from ScotEID, and BCMS data prior to visit & SAMU if felt appropriate No knackeries, Hunt kennels and Renderers c) n/a 4.7 In transit checks Roadside checks (in conjunction with police) a) Minimum standard Police led multi agency roadside checks b) Vehicles checked at Markets local authority led checks for animal health and welfare Will act on intelligence, involving police if felt appropriate, to investigate compliance only (including co-ordination with adjacent Local suspected braches of AH&W legislation. Authorities) Willing to participate in national exercises if requested. National exercises and operations c) n/a Outcomes 1, 2, 3, 4 and 6 4.8 Postal record Postal recall checks and verification according to risk a) Not applicable recall checks (if Non responses subject to follow up action as appropriate b) Not applicable carried out) on (including, if necessary premises visit inspection) c) Not applicable livestock premises Outcomes 1, 2, 5 and 6 Activity Heading Content and relevant outcome(s) Local Authority Planned Level of Service Delivery 4.9 Vehicle Checks on vehicles to ensure cleansing and disinfection a) Minimum standard (only option) biosecurity – carried out at premises other than where they have delivered b) Farm transport checked as part of primary production visits (20/year) & cleansing and livestock. Hauliers/farmers transport regularly checked during attendance at livestock disinfecting Outcomes 1, 5 and 6 marts. Otherwise intelligence lead checks to ensure compliance with cleansing compliance and disinfecting/construction requirements c) n/a 4.10 Out of operating Checks out of normal specified operating hours or subsequent a) Minimum standard hours checks days for Markets, Slaughter houses, Premises used for b) Intelligence lead visits carried out where considered appropriate collection of animals for slaughter or for further rearing or c) n/a finishing Outcomes 1, 2, 5 and 6 4.11 Stand by and Emergency interagency contact regarding disease and other a) Minimum standard on call arrangements enforcement incidents b) Currently contact through Faire (01851 701702) Outcomes 1, 2, 3, 4 and 6 No routine standby of AHW Section officers. c) n/a 5. Partnership working and intelligence driven enforcement 1 Identified Identified breaches of legislation, including biosecurity, a) Minimum standard (only option) Infringements licensing, welfare, livestock identification, standstill breaches, b) Identified breaches of legislation investigated and appropriate action taken in illegal imports, by products, and other disease control work. accordance with the local authority’s Animal Health & Welfare Enforcement Irregularities found on documentary checks followed up Policy. Outcomes 1, 2, 5 and 6 Any irregularities notified to (e.g. by FSS Operations) or identified by AHW Section in relation to ScotEID, BCMS and SAMU investigated. Also provide enforcement support to APHA to investigate breaches and prepare cases for Procurator Fiscal. c) n/a 5.2 Intelligence / Provision and collection of Intelligence Information a) Good practice Information and Outcomes 1, 2, 5 and 6 b) IT LA database to record AHW activities. systems Email FSS activities as required AMES (Animal Health database)- not yet operational and not yet committed to Intelligence sharing -Participate in • North Regional Animal Health & Welfare Panel • Scottish Animal Health & Welfare Panel • Animal Health & Welfare Strategy Group • Local welfare meetings (usually monthly) with APHA, SGRPID & Scottish SPCA. • Meetings with FSS operations c) n/a 5.3 Intelligence led Infringements or suspected infringements reported from a) Minimum standard actions external enforcement sources or identified by use of data b) Reports of Infringements or suspected infringements investigated and interrogation or intelligence sources; members of the appropriate action taken in accordance with the AHW Enforcement Policy public/complaints. c) 75% of complaints/ service requests investigated within 5 working days. Outcomes 1, 2, 5 and 6 Activity Heading Content and relevant outcome(s) Local Authority Planned Level of Service Delivery 5.4 Cross border and Assessment and communication to interested parties of cross a) Minimum standard multi agency working cutting issues b) Reactive work with other Local Authorities and agencies and regular contact to Research/intelligence led activities including workshops keep others informed of anything of interest. Joint investigations/exercises/initiatives Annual meeting with all auction marts in conjunction with APHA to discuss Mentoring arrangements enforcement issues. Outcomes 1, 2, 3, 4 and 6 Willing to participate in any joint training exercises/initiatives. All LA’s/ other agencies undergoing changes due to budget restraints. c) n/a 6. Post enforcement reporting and AMES data entry activities 6.1 Animal Health Entry of data on to AMES system (or via electronic data a) Minimum standard and Welfare transfer from local systems to AMES) recording local authority b) Entry of data on to AMES to begin as soon as interface in place. Aim to record Management and enforcement activities, results and actions. (The relevant 90% of enforcement data within 5 working days Enforcement System timescale commences on the day following the date on which Update – due to continuing problems with data entry by some pilot authorities (AMES) the activity took place). this may not be acted on until all problems satisfactorily resolved. Use of AMES for management information and report AMES supervisor – Kenny Macleod generation. Quarterly reporting including random checks on data entered by each officer to Recording of data on infringements. ensure quality of data entered. Feedback given to officers. Outcomes 1, 2, 3, 4, 5 and 6 c) 90% of data within 5 working days 6.2 Management Collation of management information data for internal use and a) Good practice information provision to the Scottish Government and Animal Health, b) Timely provision of information, in particular submission of statutory returns e.g. Outcomes 3, 4 and 5 WATSR (for Annual Enforcement Statistics return to the Commission) and Prosecutions, report to Scottish Government. Record information on Uniform: Record enforcement action on Uniform to facilitate generating of accurate management reports. Use of Uniform reporting facility to produce reports to monitor progress of agreed Service Plan. Reports produced quarterly. c) n/a 7. Contingency planning and emergency action 7.1 Planning and contributing to emergency preparedness plans a) Minimum standard APHA, Scottish with APHA, Scottish Government and other agencies as b) Joint Generic Animal Disease Plan (including for Rabies) drawn up and Government , appropriate. adopted and consistent with Scottish Government and Animal Health generic COSLA and local Outcomes 1, 3, 5 and 6 plans for disease outbreaks. authority emergency The generic plan annex contains more detailed information for specific preparedness diseases. No specific diseases identified as high risk for the local authority area as a result of local intelligence. Joint Plan reviewed annually by HIEPG (Animal Health Sub-Group) whose members include APHA, Police, NHS, SG and Highland, Comhairle nan Eilean Siar, Orkney Islands, & Shetland Isles Councils. Comhairle nan Eilean Siar contact details on the Local Government Regulation master checked & updated when requested. Respond to notification of disease outbreaks c) n/a Activity Heading Content and relevant outcome(s) Local Authority Planned Level of Service Delivery 7.2 Testing and Testing, training, practising and evaluating activities in relation a) Minimum standard Training to the emergency plan b) Contribute to & participate in exercises organised by APHA, Scottish Outcomes 1, 3, 5 and 6 Government. Internal and external contact details reviewed annually c) n/a 7.3 Emergency Provision of full emergency range of services under the a) Minimum standard (only option) Action emergency plan, when disease emergency declared by the b) Respond, as appropriate to confirmed disease, & give best endeavours to Scottish Government assist APHA within the limited resources available. Outcomes 1, 3, 5 and 6 c) n/a 8. Additional Activities 8.1 National priorities Provide details in Service Plan (Annex C) of identified a) Minimum standard (only option) priorities as agreed with the DVM's and the Scottish b) As Agreed with APHA VO Government. Assist APHA in notifiable disease outbreaks, participate in LDCC Management Outcomes 1, 2, 5 and 6 Control Team, provide limited services but fully support local communications to stakeholders & public. c) n/a 8.2 Regional priorities Agree regional priorities, with the DVM at regional animal a) Minimum standard (only option) health and welfare panel meetings for consideration in b) As Agreed with APHA VO annual service planning Participate in AHW Framework with Director of APHA Scotland & his Outcomes 1, 2, 5 and 6 representatives. c) n/a 8.3 Local priorities As determined by local authority in agreement with DVM a) Minimum standard (only option) b) As Agreed with APHA VO Outcomes 1, 2, 5 and 6 • Participate in industry & enforcement meetings • Assist in enforcement case work c) n/a

TRADING STANDARDS SERVICE PLAN

GENERAL 60 SCOPE OF TRADING STANDARDS SERVICE 60.1 The Trading Standards Service carries out a wide range of legislative duties in the field of consumer protection, both statutory and non-statutory. The day-to-day activities play an important role in protecting the economic well-being of local consumers. The safety of the goods and services they buy, their price, their quantity or quality, the truthfulness of how they are described, the information they receive if buying on credit, protection from scams, unfair trading practices, dubious itinerant traders, all of these issues are the responsibility of the Trading Standards Service. 60.2 The main objectives of the Trading Standards Service are to protect consumers by promoting a fair trading environment and assisting legitimate businesses. In the main, consumer protection is a reserved policy area with the regulatory objectives set by the UK Government, such as legislation dealing with weights and measures, product safety, trade descriptions, misleading prices and consumer credit. However, some key areas such as community safety, age restricted goods, animal feeding stuffs and money advice are devolved matters to the Scottish Government. 60.3 To achieve these objectives the Service currently provides a comprehensive trading Standards Service comprising enforcement, consumer advice and assistance and business advice and assistance. 61 ENFORCEMENT 61.1 The amount and breadth of legislation that the Service has a statutory duty to enforce means that every business in the Western Isles (approximately 3500, including crofts for enforcement of fertiliser and feeding stuffs legislation) is liable for some form of enforcement visit to ensure that they are complying with their legal obligations. Enforcement activities that are carried include licensing of certain businesses, inspection of businesses (based on a Risk Assessment), investigation of complaints and general market surveillance for intelligence gathering purposes. The Service has a high priority for dealing with itinerant traders who come to the Islands. Experience shows that these traders generate a disproportionate number of problems and the Service endeavours to intercept them, generally together with colleagues from the Police, and take the appropriate action to ensure they comply with their legal obligations. 62 CONSUMER ADVICE AND ASSISTANCE 62.1 Basic consumer advice is available to everyone from the national telephone helpline run by Citizens Advice Scotland. However, some consumers require greater help than the helpline can provide. The Service provides this specialist advice to consumers and, if appropriate, will undertake direct intervention to help obtain some form of redress for a consumer. 62.2 The Service has developed several initiatives to assist consumers. This includes “Doorstoppers Western Isles” which is a campaign to highlight and combat the problem of rogue doorstep callers who rip off vulnerable consumers. As well as helping individuals the service seeks to increase consumers’ awareness of consumer issues and scams through various media including talks, presentations to interested organisations, exhibitions and newspaper and radio articles. 62.3 The Service is also responsible for ensuring that the Western Isles Citizens Advice Service is providing the quality of money advice and general citizens advice services as detailed in its contract with the Comhairle. 63 SUPPORTING BUSINESSES 63.1 In addition to advising consumers, it is also important to advise businesses of their rights and obligations when supplying goods and services to their customers. It can be difficult for smaller businesses to keep up to date with legislative changes in their particular trade and to help them seminars and training sessions can be provided. Our aim is to ensure that problems don’t occur in the first case. We provide businesses with clear straightforward information and advice. This enables them to comply with the requirements of consumer law, ensuring fair competition and a thriving local economy. Specialised services, particularly in the field of metrology and quality control, are also made available to assist businesses. In challenging times for legitimate local businesses it is important that the Service does all it can to help them by ensuring that they are not disadvantaged by the unfair trading practices of others. 64 THE CHALLENGES AHEAD 64.1 There are a number of national reviews of trading standards activities which have the potential for creating significant changes to the Service and theses will have to be managed. 65 NATIONAL UK PRIORITIES FOR TRADING STANDARDS 65.1 The Consumer Protection Partnership (CPP) was formed in April 2012 as part of the Government’s institutional reform of the consumer landscape. The CPP includes the National Trading Standards Board, Trading Standards Scotland, the Department for Enterprise, Trade and Investment Northern Ireland, the Office of Fair Trading (and subsequently the Competition and Markets Authority), Consumer Futures, the Financial Conduct Authority, the Trading Standards Institute, Consumer Council for Northern Ireland, and the Citizens Advice Service. 65.2 The CPP’s primary purpose is to bring together the key partners within the new consumer landscape to identify and prioritise areas where there is greatest harm caused to consumers, agreeing and coordinating collective action to tackle such detriment, and using all available tools at the disposal of each member. 65.3 The draft UK priorities are : - • ticket scams and re-sales • scam calls • consumer redress in the electronic goods sector • digital markets Online Markets 66 SCOTTISH TRADING STANDARDS PRIORITIES 66.1 Trading Standards Scotland, currently based within COSLA, has as part of its remit to assess and identify specific priorities to compliment the work of the CPP. The Scottish priorities for 2016/17 have not been finalised. The Service will consider the priorities when published and will review any targets as appropriate.

67 TARGETS FOR 2016/17 67.1 The planned activities and targets for 2016/17 are: Activity Key Tasks/Targets Inspections: complete 100% of high risk businesses and review risk General assessments of all other businesses.

Licensing: complete TS involvement within 21 days of receipt. Work with Police to ensure that individuals undertaking a licensed activity are properly licensed.

Doorstep Sellers: intelligence led response to doorstep sellers. Joint working with Police Scotland.

Product Safety: Review locally produced products to ensure that they comply with product safety legislation

Scams: increase awareness locally and continue to support local victims of scams and take any enforcement action necessary.

Complaints: complete 80% of complaints within 14 days and 100% Consumer within 28 days. Advice And Assistance Buy With Confidence: finalize changes and implement national scheme Business advice requests: complete 100% of requests within 7 days. Business Advice And Assistance ENVIRONMENTAL HEALTH & LICENSING SERVICE PLAN

GENERAL 68 SCOPE OF SERVICE 68.1 The Service carries out a wide range of activities and statutory duties, some of which are detailed in this section. A lot of these functions have a large element of reactive work which can affect overall Service performance. 69 CONSULTATIONS 69.1 The Service is consulted on planning applications and licences issued by other parts of the Comhairle. The Service provides advice to the Comhairle on consultations on new legislation. 70 LICENCES 70.1 In addition to the Animal Licences that are issued (also detailed below), the Service is responsible for the administration and issuing of the following licences/registrations *(March 2016): Live Licences (March 2016) 71 Animal Boarding Establishment Licence 4 Dog Breeding Licence Establishment 1 Pet Shop Licence 1 Horse Riding Establishment 1 House in Multiple Occupation Licence 33 Street Trader Licence 14 Late Hours Catering Premises Licence 8 Market Operator's Licence 11 Metal Dealers Licence 4 Acupuncture - Electrolysis - Single use 3 Ear Piercing Licence - no clinical waste 1 Tattooing etc with reusable equipment 4 Venison Dealers Licence 8 Caravan Site Licence 32 Explosives Registration 8 Petroleum Certification 21 Knife Dealers Licence 3 Second-hand Car Dealer Licence 12 Second Hand Goods Dealer 1 Total 170

72 NUISANCES 72.1 The Service is responsible for investigating a variety of public health complaints, including noise, smoke, drainage, smells, dusts, lighting and pest control. 73 PRIVATE WATER SUPPLIES 73.1 The Service is responsible for ensuring that the quality of water from private water supplies in the Outer Hebrides complies with the Private Water Supplies (Scotland) Regulations 2006. There are approximately 57 supplies; 24 Type A supplies and 33 Type B Supplies, which serve both commercial and domestic properties. 73.2 The service is responsible for taking samples and carrying out risk assessments in accordance with the regulations. Supplies serving commercial or public activities (Type A) are sampled annually for a range of parameters. There is a charge for this and the level of charge will depend on the exact range of parameters for which the sample requires to be analysed. These parameters will be determined following risk assessment, the main purpose of which is to identify the points on the supply where contamination is most likely. Supplies serving less than 50 persons for domestic use (Type B) will generally only be sampled on request and a charge is made for this service 73.3 The Service also administers the private water supplies grant scheme which provides grants of up to £800 per household to improve the quality of the supply, irrespective of it being a Type A or B supply. 74 AIR QUALITY 74.1 The service is responsible for reviewing the status of the air quality in the area, and making annual reports to the Scottish Government. The format and reporting date of the annual report is changing however the details are still to be confirmed by the Scottish Government. 74.2 The Service also investigates complaints about dark smoke and other air quality issues. 75 PRIVATE LANDLORD REGISTRATION 75.1 The Service, on behalf of the Comhairle, registers all private landlords and agents in the Outer Hebrides and enforces and advises on the related legislation. A particular difficulty in relation to managing this in the Outer Hebrides is that croft houses are exempt from registration and many of the associated requirements. A number of the issues we receive from tenants are related to croft houses and there is very little action that we can take. 75.2 The current register contains 680 registered landlords with 810 properties. 76 SMOKING 76.1 During all inspections, for whatever purpose, to premises to which the Smoking, Health and Social Care (Scotland) Act 2005 and associated Regulations apply, checks are made to ensure compliance with the legislation. 76.2 In the vast majority of circumstances business are complying. However, when they are not a warning letter is sent reminding the business operators of the requirements of the legislation. If further breaches of the legislation are noted then a fixed penalty notice will be served. 76.3 One area where non-compliance has been increasingly noted is in work vehicles. If observations are made of this, and the vehicle and business details are seen, a letter is sent to the employer again reminding them of their obligations to display the relevant signs in their vehicles and to ensure their employees do not smoke in the work vehicles. Where appropriate, further breaches will be dealt with by means of fixed penalty notices as well. 77 DOG FOULING 77.1 Dog fouling continues to be a source of complaints. These are responded to by the Service, whose staff erect notices where appropriate, carry out patrols of the areas and issue fixed penalty notices when breaches of the legislation are observed. The fixed penalty notice fine increases from £40 to £80 on the 1st April 2016 and the service will continue an anti-dog fouling campaign started at the end of 2015/16. 78 STRAY DOGS 78.1 The majority of stray dogs are on Lewis, primarily around the Stornoway area. The Service works closely with the Police and collects stray dogs during office hours, whilst members of the public can take strays to the Police station at all other times. Cases in Uist & Barra are so rare that they are dealt with on an individual basis. 79 MICROCHIPING OF DOGS 79.1 New legislation requiring that all dogs must be microchipped is coming into force on 6th April 2016 and the Service will continue to be involved in publicising this and taking any enforcement action, in line with the Comhairle enforcement policy, if breaches are found. 80 LITTERING 80.1 The Service has responsibility for monitoring littering and the Service staff carry out regular patrols in problems areas and will issue warnings and fixed penalty notices when breaches of the legislation are observed, including joint patrols with the Police. 81 ZERO WASTE REGULATIONS 81.1 The Waste (Scotland) Regulations 2012 require businesses to take all reasonable steps to ensure the separate collection of dry recyclable waste and, where applicable, food waste. The islands are classed as rural areas under the regulations therefore there is no requirement to separate food waste, although it is promoted where the Comhairle offer a service. The Service works with our colleagues in Technical Services and SEPA and have an enforcement role where there are persistent offenders. 82 PUBLIC HEALTH 82.1 The Service has a close working relationship with NHS Western Isles (NHSWI) in terms of Public Health. Officers have worked closely with NHSWI in implementing the requirements of the Public Health (Scotland) Act 2008 and in producing joint plans on Outbreak Control and Algal Blooms. The Health Protection Team, comprising staff from NHSWI and EHO’s meet every two months and issue regular public advice through press releases and other strategies. The Joint Health Protection Plan requires to be revised every two years and is due for review. 82.2 There is also close liaison on issues to do with drinking water quality in terms of both public and private water supplies. 82.3 The Service is also responsible for the enforcement of infections disease controls on ships and issues ship sanitation exemption certificates which are designed to prevent international vessels from causing a public health risk. 83 NATIONAL ASSISTANCE ACT 1948 83.1 The service carries out the Comhairle duties under Section 50 of the National Assistance Act 1948 other than for those from Comhairle homes. This require the Comhairle to make suitable funeral/burial arrangements for deceased persons if no other arrangements have been made. 84 RADIATION MONITORING 84.1 Following the Chernobyl accident, the Comhairle has undertaken radiation monitoring that has been designed to provide information on the background levels of radiation in the environment of the Outer Hebrides. It also takes into account the potential for radioactive contamination from sources such as Chernobyl and Sellafield. In addition local concerns in relation to possible illegal disposal and use of radioactive substances have been taken into account by sampling such things as leachate from our landfill sites and the taking of marine samples at Benbecula. 84.2 In addition to the samples taken annually, equipment is used to monitor atmospheric gamma radiation at the fixed sampling points. 84.3 The Service takes 24 radiation samples and 4 atmospheric readings per year. 85 CONTAMINATED LAND 85.1 Then Service carries out the regulatory role of the Comhairle in relation to threats to health and the environment from land contamination and has a published strategy for the identification of contaminated land. The service provides an advisory service alongside its enforcement role and aims to ensure that land remediation is carried out where necessary 9 other than where SEPA is the enforcing authority). 85.2 There is also a duty to maintain a contaminated land public register. 86 PRIORITIES 86.1 The Services priorities are to: • Provide an environmental health service that is adequately maintained and to ensure that officers are appropriately trained. • Increase the profile of the Service in relation to dog control to reduce incidents of fouling and stray dogs and promote the new microchipping rules. • Complete the annual air quality report and manage any implications arising from the Scottish Government Air Quality review. 87 2016/17 TARGETS 87.1 The Service targets for 2016/17 are: Subject Target Air Quality Produce Annual Air Quality report as required by the Scottish Government Dog Control Increased profile of Service to reduce dog issues.